Search Results

1. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...lodging of the statement of problem was met by an application to strike out on the basis of limitation. That application proceeded to a hearing before the Authority. I will deal with the decision shortly. [22] Before dealing with the decision appealed against and legal issues, I refer to one further factual matter having significance in respect of a submission made by Ms Schaaf. This was whether, even if the time limitation had expired for commencing proceedings in respect of the...

2. Burrows & Anor v CAC20002 & Ors [2015] NZREADT 17 [pdf, 248 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 17 READT 001/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RICHARD AND JILL BURROWS Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND RAEWYN PATERSON and DENNIS CORBETT Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at WHANGAREI on...

3. Tipene v Tipene - Motatau 2 Section 49A4F(2014) 85 Taitokerau MB 2 (85 TTK 2) [pdf, 173 KB]

   ...order in favour of a non-owner. However, an order vesting interests in the land or a right to possession of the land (or part of it) in favour of a non-owner will likely offend the kaupapa and provisions of the Act. Although in Grace the Court of Appeal did not completely rule out that possibility. Where the Court concludes that a non-owner is entitled to equitable relief, the Court will in the first place look to awarding monetary compensation. If monetary compensation is inappropr...

4. [2024] NZEnvC 050 The Warehouse Limited v Auckland Transport [pdf, 16 MB]

   Eastern Busway Stage 2 Project IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 050 IN THE MATTER OF appeals under section 174 the Resource Management Act 1991 BETWEEN THE WAREHOUSE LIMITED (ENV-2023-AKL-000195) GENERAL DISTRIBUTORS LIMITED (ENV-2023-AKL-000197) PAKURANGA PLAZA LIMITED (ENV-2023-AKL-000198) Appellants AND AUCKLAND TRANSPORT Respondent Court: Environment Judge J A Smith sitti...

5. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [pdf, 230 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 52 ACR 35/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN RUSSELL THOMPSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 February 2021 Heard at: Christchurch/Ōtautahi Appearances: Ms P Tucker together with Mrs L Thompson (wife of the appellant)...

6. [2021] NZACC 124- Singh v ACC (4 August 2021) [pdf, 355 KB]

   TIN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 124 ACR 134/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GURVINDER SINGH Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 June 2021 Heard at: Wellington/Whanganui-A-Tara Appearances: Ms A Brown for the appellant Mr J Cole for the respondent Judgment: 4...

7. Horowhenua 11 (Lake) Part Reservation Trust v Taueki - The Horowhenua 11 (Lake) Block (2015) 343 Aotea MB 254 (343 AOT 254) [pdf, 284 KB]

   ...matter be set down for hearing at the next available court at Levin on 19 March 2015. Ms 4 Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107). 5 306 Aotea MB 175 (306 AOT 175) at [71]. 343 Aotea MB 258 Johnson subsequently sought a teleconference because the Trust was concerned to have the matter addressed as soon as practicable for the following reasons: a) T...

8. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...between them at the time should be that of employer and independent contractor, such salespersons are deemed for all purposes to be engaged by the agent under a contract for services. [54] Section 51A was enacted in 1992 in response to the Court of Appeal decision in Challenge Realty Ltd v Commissioner of Inland Revenue1 in which it was held that, principally because commission only real estate salesmen were controlled by their employers, they were employees rather than independent...

9. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...practises or guidelines. It has, however, been consistent in its statements of general principle that the inquiry for the court is whether the punishment is within the limit fixed by the legislative provision.[5] 14. The United Kingdom Court of Appeal has consistently rejected the argument that Article 7 is breached where there is an increase in judicial sentencing levels: R v A and W [2001] 2 Cr App R 275 (CA); R v JJC 24 September 2001 (CA); Twisse [2001] 2 Cr App R 37. Two rationales...

10. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

    ...The case for the defendants [51] The principal points made by the defendants were: [51.1] The recusal application is a collateral challenge to the interim order decision of the Tribunal given on 8 February 2012, a decision which was neither appealed by Mr Deliu nor made the subject of judicial review proceedings. [51.2] It was not necessary for the Tribunal in its interim order decision to recite in detail the evidence of Mr Deliu and the copious materials he has produced. [51.3]...